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The litigation lottery paper

Published on 07 Feb 08 by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA

This paper covers the:

  • risks and issues in conducting tax litigation: Do complex facts (as in many financial services industry transactions) create a barrier for analysis by a court?
  • differences between litigating in the Federal Court as compared to the High Court
  • approach to statutory interpretation in tax matters and the role of the explanatory memorandum
  • limit to a purposive approach to interpretation having regard to the Acts Interpretation Act and case law.

Author profile:

David Bloom QC CTA
David is a Barrister at Seven Wentworth. He was admitted as a Solicitor of the Supreme Court of New South Wales in March 1972, was called to the New South Wales Bar in August 1975 and became one of Her Majesty’s Counsel in 1987. David is a member of the New York State Bar and the Bar of England and Wales. Over a career that spans more than 30 years, David has appeared in some of the most important landmark cases in taxation law, as well as public law generally. David practises in all superior court jurisdictions and maintains chambers in both Sydney and Melbourne. Current at 30 September 2011 Click here to expand/collapse more articles by David BLOOM.
 

This was presented at 2008 Financial Services Conference.

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Individual sessions

The litigation lottery

Author(s):  David BLOOM

Materials from this session:






Tax risk management - the view from the boardroom

Author(s):  Richard WARBURTON

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